The ENS allows employers to sponsor skilled workers who are already in Australia on 457 visas or located outside of Australia to fill positions in their business. There are three distinct streams (we will be covering two streams only, direct entry stream and temporary residence transition stream) and only one stream must be nominated depending on the circumstances of each case.

DIRECT ENTRY STREAM

This is for applicants who have not held a Subclass 457 visa in the last 2 years or are applying directly from outside Australia.

NOMINATION

For nomination to be approved, the employer must:

• Meet the prescribed training benchmark for the training of Australian citizens or permanent residents (1% or 2% of the total payroll depending on the type of training expenditure) if the business has been trading for more than 12 months.
• Provide an auditable plan to meet the training benchmark if the business has been trading for less than 12 months.
• Ensure that the nominated position is an occupation on the CSOL.
• Demonstrate that there is a need to employ a paid employee in the business.
• Show that the business is actively and lawfully operating in Australia.
• Show that the position is available for at least 2 years on a full-time basis.
• Provide evidence that the nominee is to be remunerated at the market salary rate and the terms and conditions of employment for the nominee is not less favourable than those for Australian workers performing the same work in the same location.

VISA APPLICATION

To be eligible for an ENS visa, you must:

• Hold or be eligible to hold, any mandatory registration, licence or professional membership required to perform tasks in the nominated occupation.
• Provide evidence of an employment contract.
• Meet mandatory health and character requirements.
• Be less than 50 years of age unless exempted.
• Have competent English (IELTS score of at least 6 for each component, OET score of at least B in each component or holding a passport for the UK, USA, Canada or the Republic of Ireland or New Zealand) unless exempted.
• Have a satisfactory skills assessment from a relevant assessing authority for the nominated occupation and at least 3 years of post-qualification work experience in the related field unless exempted.

TEMPORARY RESIDENCE TRANSTION STREAM

This is designed for 457 visa holders who have worked for the sponsor for at least 2 years in the nominated occupation and are nominated in the same occupation for permanent residency. It provides a streamlined pathway to permanent residency for persons on 457 visas.

NOMINATION

For nomination to be approved under this stream, the employer must:

• Identify the nominee (full name and date of birth).
• Ensure that the nominee still holds a subclass 457 visa granted as a main applicant.
• Ensure that the nominated position for a new application must be in the same ANZSCO group as the nominated position approved for current 457 visas.
• Demonstrate that they have met and continue to meet the training requirements.
• Ensure that the nominated person has been employed and actively performed the duties of the nominated position for at least a period of 2 years in the last period of 3 years.
• Show that the business is actively and lawfully operating in Australia.
• Show that the position is available for at least 2 years on a full-time basis.
• Provide evidence that the nominee is to be remunerated at the market salary rate and the terms and conditions of employment for the nominee is not less favourable than those for Australian workers performing the same work in the same location.
• Ensure that there is no adverse information known to the Department about the employer.
• Have complied with relevant workplace relations laws.

VISA APPLICATION

To be eligible for an ENS visa under Temporary Residence Transition stream, the employee must:

• Be less than 50 years of age unless exempted.
• Have vocational English (IELTS score of at least 5 in each component) unless exempted.
• Hold or be eligible to hold, any mandatory registration, licence or professional membership required to perform tasks in the nominated occupation.
• Provide evidence of an employment contract.
• Meet mandatory health and character requirements (Health waiver is available. Please refer to the Medical/Health waiver section).

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